Privacy Policy

1. Stephens Lawyers & Consultants is an Australian specialised boutique commercial law and consultancy practice.
2. This Privacy Policy explains the kinds of personal information we collect and hold, how we collect and hold the personal information and the purposes for which we use the personal information. This Privacy Policy also sets out the rights that individuals have to access their personal information held by us and to seek a correction.
3. As a legal practice we are also bound by legal obligations of confidentiality in respect of information that you disclose to us which is of a confidential nature and not in the public domain. Your communications with us are also protected by legal professional privilege, where they have been made for the dominant purpose of legal advice, contemplated litigation or for the purpose of existing or reasonably anticipated litigation.
4. If you have any questions or concerns about privacy, please send us an email addressed to Privacy Compliance – [email protected] or telephone (613) 86369100.

Kinds of Personal Information Collected and Held

5. We collect personal information about an individual that is reasonably necessary for or directly related to one or more of our functions or activities as a law firm providing legal and consultancy services.
6. The personal information that we collect and hold includes – names, contact details, Internet Protocol (IP) addresses, dates and places of birth, education history and qualifications details, employment history, identity verification documentation (such as passport details, driver’s licence details and other documents required for identity verification), positions held, personal, legal and industry areas of interest, financial and billing information (such as billing address, bank account and payment information), Tax File Numbers, superannuation fund and insurance details and information relating to your dealings with us in person, by telephone, video conferencing, email or on-line.
7. When you visit or use our website located at stephens.com.au, we may collect the following personal information:

1. The information that you provide to us when completing the “Contact Us Form” or submitting a request to us to receive our legal updates and newsletters;
2. Details of the number and time of visits and the resources accessed on our website, including the IP addresses, device and browser type, and the location of the devices accessing our website;

8. We also collect sensitive information with the individual’s consent that is reasonably necessary for or directly related to one or more of our functions or activities as a law firm providing legal and consultancy services.
9. We may also collect and hold sensitive personal information including health and vaccination information, criminal record checks, trade union membership, racial and ethnic origin and religious affiliations.

How Personal Information Is Collected and Held

Collection of Personal Information

10. We collect personal information directly from individuals in the course of their dealings with us in person, by telephone, video conferencing, email, mail or on-line via our website or document sharing platforms.
11. We collect personal information in the course of our dealings with:

1. you, prospective and existing clients and/or their authorised representatives or agents;
2. barristers, medical professionals, experts and other third party service providers;
3. other parties to a transaction, dispute or court or tribunal proceedings and/or their legal representatives;
4. courts, tribunals, IP Australia, Therapeutic Goods Administration and other government departments or agencies;
5. you, when you apply for an employment position with us;
6. individuals employed or representing companies or businesses who offer or supply goods or services to us and their employees or representatives .

12. We may also collect personal information about an individual from third parties such as government departments and/or agencies, regulatory or statutory authorities, credit reporting agencies, recruitment agencies, media and other information service providers, licensed investigators, previous or existing employers and from publicly available records and information published on-line.

We may also collect personal information when you attend an event hosted or sponsored by us or when we attend a seminar, conference, workshop or other events organised by a third party.

We also collect personal information when you visit and use our website located at stephens.com.au, by using Google analytics, Cookies and other technologies.

Storage and Security of Personal Information

13. The personal information that we collect and hold is recorded and/or stored in hard copy files and/electronic files and/or databases.

Current hard copy files are stored in our offices which have restricted access and security monitoring.  Unless a client instructs us otherwise in writing, when a client matter is inactive or completed, the hard copy file is archived and held in secure storage facilities provided by an Quality Assured Certified Information Security ISO 27001 third party storage provider for the required document retention period specified by law, after which the file is securely destroyed.

Electronic files and/or databases are stored on our IT systems which require logins and passwords to access. Our IT systems may include cloud based servers controlled by us and/or owned by third party cloud service providers located in Australia and other countries such as the United States.

14. We take reasonable steps to hold information securely in electronic or hard copy form and to prevent unauthorised access, disclosure or use.

All our staff are subject to confidentiality undertakings in respect of confidential information they may have to access. We also require any third party who is required to be given access to confidential information,  to provide appropriate confidentiality undertakings for the protection of confidential information.

Our third party storage providers are also required to comply with the appropriate industry standard for secure information storage and/or destruction of documents.

Our third party technology services providers use the voluntary standards, guidelines and best practices issued by the National Institute of Standards and Technology for the maintaining the security of our IT systems.

Purposes For Which Personal Information is Collected, Held, Used and Disclosed.

Purpose of Collection

15. The purposes for which we collect and hold personal information may include:

1. to provide legal and consultancy services or related information;
2. to comply with our legal, regulatory, accounting, reporting and audit compliance, legal profession and risk management obligations;
3. to respond to or conduct any court or tribunal proceedings or matter before IP Australia or other Government departments or agencies
4. to undertake identity verifications and/or provide certifications;
5. to undertake conflict checks to assess whether we are able to represent a prospective client or client;
6. to respond and deal with any enquiries, requests or complaints received;
7. to send legal updates, newsletters and information relating to our services and events;
8. to assess an applicant’s suitability for employment;
9. to conduct and facilitate the internal operation of our business and deal with our clients, suppliers or third parties;
10. to communicate with, and to develop and maintain relationships with you and our clients.

Without your personal information, we will not be able to provide you with legal and consultancy services or do the things set out above.

Purpose of Use and Disclosure

16. We use or disclose the information for the purpose for which it was collected (primary purpose). We may also use or disclose your personal information for another purpose (secondary purpose) that is related to the primary purpose of collection, where:

1. you have expressly or impliedly consented to the use or disclosure;
2. you would reasonably expect us to use or disclose the information for the secondary purpose;
3. the use or disclosure is required or authorised by or under an Australian law or a court/tribunal order or is permitted under Australian privacy laws;

17. We may also disclose or share your personal information with third parties including:

1. Third parties who we engage on a client’s behalf for the provision of services including: barristers, experts, investigators, forensic IT experts, litigation support, overseas law firms or counsel and other professional advisors or consultants;
2. Third party service providers who we engage to enable us to provide legal and consultancy services and to conduct our business including – external photocopying and document production suppliers, technology service providers and storage facility providers;
3. Our professional advisors, accountants, auditors and insurers;

Courts, tribunals, IP Australia, Therapeutic Goods Administration and other government departments or agencies.

Disclosure of Personal Information to Overseas Recipients

18. We may disclose your personal information to third parties located overseas, such as legal and consultancy firms within our network, where:

• you have authorised us to make such disclosure; or
• such disclosure is required for us to provide the legal or consultancy services; or
• such disclosure is required for the retainer of the third party located overseas to provide legal or consultancy services.

19. Legal and consultancy firms within our network that we correspond with are located in the United States, Canada, Europe, United Kingdom, India and China.

Accessing and Seeking Correction of Personal Information

20. It is important that you inform us of any changes to your personal information that you have provided to us, so that our records are up-to-date, accurate and complete. Please advise us by email of any changes to your personal information.
21. The Australian privacy laws give you a right to request access to or correction of the personal information that we hold about you in certain circumstances.

If you require access to or correction of your personal information send your request to us in writing, using the contact details set out below:

Privacy Officer
Stephens Lawyers & Consultants
PO Box 16010 Collins Street West
Melbourne, Victoria, Australia. 8007
Email: [email protected].

We may also charge you a fee for providing access to your personal information as permitted by the privacy laws.

We may refuse your request for access or correction of your personal information, where the relevant privacy laws allow us to do so. If we refuse your request we will notify you in writing setting out the reasons  for our  decision as required by the privacy laws.

Further Information and Complaints Process

22. For further information about privacy and our Privacy Policy please contact us.

If you have any concerns about your privacy or seek to make a written complaint to us about how we have handled your personal information or that we have not complied with the privacy law, please contact us at:

Privacy Officer
Stephens Lawyers & Consultants
PO Box 16010 Collins Street West
Melbourne, Victoria, Australia. 8007
Email: [email protected].

23. Where you have submitted a written complaint we:

1. May request you to provide us with further information so that we can investigate the matter;
2. Will investigate the matter and provide you with a written response to your complaint and how it will be dealt with; and
3. Will keep a record of your complaint, the information you provide us and investigations undertaken.

24. If you are not satisfied with the way we have handled your complaint or our response to your complaint you may also make a formal complaint to the privacy regulator, Office of the Australian Information Commissioner – www.oaic.gov.au

Privacy Policy Updates and Changes

25. This Privacy Policy may be updated and changed from time to time to reflect changes in how we manage personal information. We will publish an updated Privacy Policy on our website.